Otte v. Edwards, 2012 Mo. App. LEXIS 693

Appellants alleged a party at Respondents' home where an underage guest drank alcohol.
Ethan, a minor, became intoxicated and died after wandering into a highway.
Appellants filed a two-count petition; Count I sought a wrongful-death claim under Sec. 311.310 as amended in 2005.
Trial court dismissed Count I for failure to state a claim; Appellants appealed.
Court reviews dismissal de novo and analyzes whether civil liability exists under common law or the amended statute.
Court ultimately held no civil duty exists for social hosts under either the common law or Sec. 311.310.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the 2005 amendment to Sec. 311.310 creates civil liability for landowners.	Otte argues amendment adds civil duty for social hosts.	Respondents contend amendment does not create civil liability.	No civil duty; amendment does not create a civil cause of action.
Whether social hosts have any common-law duty to abstain from furnishing alcohol to a minor.	Appellants rely on social-host theory to create duty.	Respondents had no common-law duty to abstain.	No common-law duty for social hosts existed.

Andres v. Alpha Kappa Lambda Fraternity, 730 S.W.2d 547 (Mo. banc 1987) (fraternity liable criminally but no civil duty established)
Coons v. Berry, 304 S.W.3d 215 (Mo.App. W.D.2009) (de novo review; statutory interpretation)
Lafferty v. Rhudy, 878 S.W.2d 833 (Mo.App. W.D.1994) (civil liability not implied in criminal statute absent express or clear implication)
Christy v. Petrus, 295 S.W.2d 122 (Mo.banc 1956) (statutes creating criminal offenses not automatically civil actions)
Bailey v. Canadian Shield Gen. Ins. Co., 380 S.W.2d 378 (Mo.1964) (warns against reading civil liability into criminal statutes)
Harriman v. Smith, 697 S.W.2d 219 (Mo.App. E.D.1985) (311.310 does not provide civil claim against social hosts)
Smith v. Gregg, 946 S.W.2d 807 (Mo.App. S.D.1997) (another rejection of civil liability under Sec. 311.310)